Antoniades v Villiers (1988) 2 All ER 309, 3 WLR 139 (CA), (1990) AC 417
The case involved an agreement for joint occupation of a furnished flat, the question being whether the occupiers enjoyed exclusive occupation. The occupiers were a couple sharing a flat with only one bedroom, with a double bed provided by the landlord, at the express request of the occupiers. Each agreement was entered into at the same time, and was on the same terms, including the amount of the rent. The agreements provided that each individual occupier was to share with anybody nominated by the landlord and stated that only a licence was conferred on each occupant. The landlord never exercised this right.
The Court of Appeal held that the occupiers did not enjoy exclusive occupation and were licensees.
The House of Lords reversed the Court of Appeal decision, holding that although each contracted on the basis that they were sharing with the landlord's nominee, they had exclusive occupation and hence were joint tenants.
Lord Templeman observed that:
"The applicants for the flat applied to rent the flat jointly and to enjoy exclusive occupation. The landlord allowed the applicants jointly to enjoy exclusive occupation and accepted rent. A tenancy was created. The power reserved to the landlord to deprive the applicants of exclusive occupation was inconsistent with the provisions of the Rent Acts. Moreover in all the circumstances the power which the landlord insisted upon to deprive the applicants of exclusive occupation was a pretence only intended to deprive the applicants of the protection of the Rent Acts."
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